WELSHMAN Ncube, leader of the MDC breakaway faction, says Justice minister Patrick Chinamasa’s application seeking an extension of the election date is “insufficient” and not expected from an experienced lawyer like him.
In a counter application filed yesterday, Ncube, who is also Industry and Commerce minister said Chinamasa’s request was deliberately crafted in such a way that it fails.
“It is clear that (Mr) Chinamasa has no intentions of complying with a directive which will ensure that a free and fair election is held,” Ncube said in his affidavit.
“He leaves us speculating as to why he has adopted this disturbing attitude. He is therefore, bent on proceeding in a manner which will present a disputed election in which there is no guarantee of the participation of myself and third respondent (Tsvangirai).
“There was therefore, need for Chinamasa to have approached the court setting out a proper cause of action and behaving like an experienced lawyer which he is and which I am aware he is capable of being,”
He said Chinamasa was avoiding the proper issues by presenting an insufficient application that would be immediately dismissed.
Ncube told the court that the July 31 election date was “unlawful” and did not allow the full completion of Electoral Amendment Laws that would ensure a free and fair election, infringing upon his rights.
“There is no need for any haste; there is after all no hurry in Africa. The election can only be held on or after the 12th of August 2013,” he said.
Ncube further said July 31 was not the date that Mawarire placed before the court and no argument was heard pertaining to that.
“…one cannot count oranges where the law has asked them to count apples. Effectively therefore, nomination can only validly start on the 12th of July 2013,” he said.
Ncube’s application follows the Justice minister’s urgent court application filed last week, seeking the postponement of the election date from July 31 to August 14, following a Sadc directive.